Canada govt's Notice of Appeal in the Emergencies Act case
Canada govt's Notice of Appeal in the Emergencies Act case
"THE APPELLANT ASKS FOR: 1. An order setting aside the Federal Court’s judgments and dismissing the underlying applications for judicial review; [...]"
On Valentine’s Day 2022, the federal cabinet triggered the Emergencies Act to smash the pan-Canadian trucker encampment in Ottawa. The freedom convoy was an honest call for liberty, reverberating now in the carbon tax protests.
The Mosley Decision
The government’s heavy-handed reaction to the convoy laid grounds for a number of lawsuits. In one such case, Justice Richard G. Mosley of the Federal Court in Canadian Frontline Nurses v. Canada (Attorney General) found that the government acted unlawfully, at paragraph 255:
For these reasons, I conclude that there was no national emergency justifying the invocation of the Emergencies Act and the decision to do so was therefore unreasonable and ultra vires. [...]Though the decision was imperfect - the judge deemed warrantless bank freezes merely “inconvenient” at paragraph 369 - it was nevertheless a direct hit from a legal iceberg. The Liberal Party has been in cold water since [1, 2, 3].
The Appeal
The federal government’s Notice of Appeal was obtained (filed 22 February 2024). Its primary argument is that deference should be granted to cabinet’s decisions, despite cabinet’s ability to plan and act in secrecy.
In other words, the government - specifically cabinet - seems to argue that it should have arbitrary decision-making power.
The government also appears to acknowledge that it indeed acted unreasonably.
A cross-appeal was then filed by the Canadian Constitution Foundation. Stay tuned.
Government, bureaucracy and every institution in this communist country, represent only themselves, under the lie of public service. Stop paying income tax.
These clowns should all be tried for treason.